JURIDICE.ro CJEU. Assisting closed system passengers whose flight was canceled due to exceptional reasons closed system
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CJ Press: The air carrier must assist passengers whose flight has been canceled due to exceptional circumstances such as the closure of airspace due to the eruption of Eyjafjallajökull. EU law does not provide for a time limit that obligation or pecuniary assistance to passengers (accommodation, meals, soft drinks).
According to EU law, in case of cancellation of a flight, the air carrier is required to provide assistance and to pay compensation to passengers. Regarding the obligation to provide assistance, the air carrier must give free, given the waiting time, meals, refreshments and, if necessary, hotel accommodation, transportation from the airport to the accommodation closed system and means of communication with third parties. The air carrier must comply closed system with this obligation even if cancellation is due to extraordinary circumstances, ie those that would not have been avoided even if all reasonable measures had been taken. However, regarding the clearing obligation, the air carrier is not obliged to pay if it can prove that the cancellation was caused by such circumstances.
Following the eruption of the Icelandic volcano closed system Eyjafjallajökull airspace of several Member States - including Ireland area - was closed between 15 and 22 April 2010, because of hazards to aircraft.
Ms McDonagh was among passengers Faro-Dublin flight, closed system scheduled for April 17, 2010, which was canceled due to the volcanic eruption. Flights between Ireland and Continental Europe were resumed until 22 April 2010, and Mrs McDonagh was able to eventually closed system return to Ireland until 24 April 2010. During this period, Ryanair did not provide any assistance. In these circumstances, according to Ms McDonagh, the airline must pay compensation closed system in the amount of 1130 euro, meal expenses, accommodation, transport and purchase of refreshments, conducted between April 17 to 24, 2010.
Dublin Metropolitan District closed system Court (Ireland), hearing the case, the Court of Justice whether the closure of airspace due to a volcanic eruption covered by the term "exceptional circumstances" which requires the air carrier to provide assistance to passengers or, conversely, it goes beyond the concept of 'extraordinary circumstances' and relieve the latter from the obligation to provide assistance to passengers. In addition, if the Court recognizes that such circumstances would actually fit the definition of 'exceptional circumstances', it is invited closed system to comment also on the question whether, in such circumstances, the obligation closed system Support shall be limited in terms of time and / or monetary.
Court responds, closed system first, that European Union law does not recognize, in addition to 'exceptional circumstances', a distinct category of events "very exceptional", which would result in the air carrier exemption from all obligations under the regulation, including the assistance. Thus, although the circumstances of the present case exceeded by their origin and extent, the concept of 'extraordinary circumstances', it would have meant that air carriers would be obliged to provide targeted assistance than air passengers due to cancellation their flight would be at a disadvantage limited. Instead, passengers would be in a particularly vulnerable state of being forced to remain several days in an airport, would be deprived of this protection. Accordingly, the Court replied that circumstances such as the closure of part of European airspace following a volcanic eruption such as the Eyjafjallajökull are "exceptional circumstances" which air carriers are exempt from the obligation to provide assistance.
The Court pinpoint precision
TOP NEWS TOP LEGAL ROMANIA UNBR News. Bars UNNPR. Notary MJ. CSM. Instances International University Announces Public Ministry Law 9 Documentation Appeal on points of law Jurisprudence New Books Magazines notes and Legal Studies (text) Official Core Legal Civil Law Criminal Law Employment Tax Law Banking Law Company Law Insolvency Law ... All Litigation closed system Civil Judgments Enforcement Procedure Arbitration Mediation Reviews Interviews
CJ Press: The air carrier must assist passengers whose flight has been canceled due to exceptional circumstances such as the closure of airspace due to the eruption of Eyjafjallajökull. EU law does not provide for a time limit that obligation or pecuniary assistance to passengers (accommodation, meals, soft drinks).
According to EU law, in case of cancellation of a flight, the air carrier is required to provide assistance and to pay compensation to passengers. Regarding the obligation to provide assistance, the air carrier must give free, given the waiting time, meals, refreshments and, if necessary, hotel accommodation, transportation from the airport to the accommodation closed system and means of communication with third parties. The air carrier must comply closed system with this obligation even if cancellation is due to extraordinary circumstances, ie those that would not have been avoided even if all reasonable measures had been taken. However, regarding the clearing obligation, the air carrier is not obliged to pay if it can prove that the cancellation was caused by such circumstances.
Following the eruption of the Icelandic volcano closed system Eyjafjallajökull airspace of several Member States - including Ireland area - was closed between 15 and 22 April 2010, because of hazards to aircraft.
Ms McDonagh was among passengers Faro-Dublin flight, closed system scheduled for April 17, 2010, which was canceled due to the volcanic eruption. Flights between Ireland and Continental Europe were resumed until 22 April 2010, and Mrs McDonagh was able to eventually closed system return to Ireland until 24 April 2010. During this period, Ryanair did not provide any assistance. In these circumstances, according to Ms McDonagh, the airline must pay compensation closed system in the amount of 1130 euro, meal expenses, accommodation, transport and purchase of refreshments, conducted between April 17 to 24, 2010.
Dublin Metropolitan District closed system Court (Ireland), hearing the case, the Court of Justice whether the closure of airspace due to a volcanic eruption covered by the term "exceptional circumstances" which requires the air carrier to provide assistance to passengers or, conversely, it goes beyond the concept of 'extraordinary circumstances' and relieve the latter from the obligation to provide assistance to passengers. In addition, if the Court recognizes that such circumstances would actually fit the definition of 'exceptional circumstances', it is invited closed system to comment also on the question whether, in such circumstances, the obligation closed system Support shall be limited in terms of time and / or monetary.
Court responds, closed system first, that European Union law does not recognize, in addition to 'exceptional circumstances', a distinct category of events "very exceptional", which would result in the air carrier exemption from all obligations under the regulation, including the assistance. Thus, although the circumstances of the present case exceeded by their origin and extent, the concept of 'extraordinary circumstances', it would have meant that air carriers would be obliged to provide targeted assistance than air passengers due to cancellation their flight would be at a disadvantage limited. Instead, passengers would be in a particularly vulnerable state of being forced to remain several days in an airport, would be deprived of this protection. Accordingly, the Court replied that circumstances such as the closure of part of European airspace following a volcanic eruption such as the Eyjafjallajökull are "exceptional circumstances" which air carriers are exempt from the obligation to provide assistance.
The Court pinpoint precision
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